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South Africa decisions
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Jogiah v Kwazulu Natal Department of Health and Others (D22/2019) [2024] ZALCD 32 (19 September 2024)
The Labour Court dismissed a condonation application for a 1003-day late EEA referral, finding no acceptable explanation and no prospects of success.
Department of Public Service and Administration v Naidoo N.O. and Others (JR2348/18) [2024] ZALCJHB 138 (7 March 2024)
Labour Court review of a PSCBC award: clause 18.1 of PSCBC Resolution 1 of 2012 did not justify retrospective salary upgrades for the employees.
Khunou and Another v South African Local Government Bargaining Council and Others (JR175/2016) [2017] ZALCJHB 385 (19 October 2017)
The Labour Court dismissed a review of an arbitration award concerning salary grading, holding that an initial level-6 letter was an error and the level-7 grading was reasonable.
Democratic Nursing Organisation of South Africa (DENOSA) obo du Toit and Another v Western Cape Department of Health and Others (CA17/2014) [2016] ZALAC 15; (2016) 37 (ILJ) 1819 (LAC) (12 May 2016)
The Labour Appeal Court held that nurses were correctly translated under the OSD agreement and related directive; the appeal was dismissed with costs.
DENOSA v WESTERN CAPE DEPARTMENT OF HEALTH and OTHERS (CA 17/2014) [2016] ZALAC 72 (12 May 2016)
The Labour Appeal Court held that the OSD agreement, when read together with the Ministerial directive and translation tables, did not unambiguously require all nurses at salary levels 9 and 10 to be translated to Deputy Manager: Nursing positions. The distinction between Assistant Manager and Deputy Manager posts, based on hospital size, was justified by the directive and the factual matrix. The arbitrator did not commit a material error of law nor act unreasonably in interpreting the agreement and applying the translation measures. The appeal was dismissed as the translation to Assistant Ma…
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